Table of Contents
Are there federal anti-SLAPP laws?
There is currently no federal anti-SLAPP law. And federal courts of appeals are split as to whether—and to what extent—provisions of state anti-SLAPP laws should be applied by federal courts sitting in diversity.
What is an anti-SLAPP order?
Anti-SLAPP laws provide defendants a way to quickly dismiss meritless lawsuits—known as “SLAPPs” or “Strategic Lawsuits Against Public Participation”—filed against them for exercising their First Amendment rights.
Which states have anti-SLAPP laws?
> Immediate Appeal: Anti-SLAPP motions are immediately appealable after denial.
| Jurisdiction | Statute or Case Law? | Mandatory Attorney Fees/Costs? |
|---|---|---|
| Arkansas | Ark. Code. Ann. 16-63-501-8 (2010) | Y |
| California | Cal. Civ. Proc. Code 425.16 | Y |
| Colorado | House Bill 19-13242 | Y |
| Connecticut | Public Act No. 17-713 | Y |
What is the purpose of anti-SLAPP laws?
Anti-SLAPP laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their First Amendment rights.
Can you file an anti-SLAPP motion in federal court?
In 1999, the Ninth Circuit held that anti-SLAPP motions may be filed in federal court. The Ninth Circuit continues to apply the reasoning of that initial case, United States ex rel. Newsham v. Lockheed Missiles & Space Co.,7 in deciding which anti-SLAPP procedures are available to federal litigants.
What are some actions that could be taken to counteract a SLAPP?
Some common provisions of anti-SLAPP statutes include:
- Protection for speech on issues of public significance and/or activities aimed at petitioning the government for action on economic, social, and political issues;
- Procedural mechanisms for obtaining early dismissal of a SLAPP;
How do you defend against anti-SLAPP?
You can expect some, or all, of the following key events in defending against a SLAPP:
- Filing a Response You have a limited amount of time (typically, 30 days) to file and deliver “an initial responsive pleading.”
- Filing a Special Motion to Strike.
- Dealing with Discovery.
- Opposition.
- Reply.
- Hearing.
- Possible outcomes:
What are some characteristics of SLAPP suits?
One of the key characteristics of a SLAPP suit is that the lawsuit is not necessarily designed to achieve a favorable verdict. Instead, it is designed to intimidate the target in order to discourage them and others from speaking out on an issue of public importance.
Who are SLAPP suits often filed by?
Who Files SLAPPs and Who Gets SLAPPed? SLAPPs are often brought by businesses, government bodies, or elected officials against those who oppose them on issues of public concern. In the case of a business interest, the filers may be seeking to protect an economic interest.